Playboy South Africa Website User Policy
Effective Date: 28 January 2011 (‘the Effective Date’)
1.Introduction
1.1.This Policy explains the terms and conditions of your use and access to Playboy South Africa’s family of Sites. The Policy further explains how Playboy South Africa may use any information that you may submit to the Sites or that Playboy South Africa may collect from you in your access and use of the Sites.
1.2.By using or navigating any of the Sites or any portion of the Sites, you acknowledge that you have read, understood and are deemed to be bound by this Policy or any modified Policy as posted. If you do not agree to these terms, do not access or use any of the Sites or any portion of the Sites.
1.3.At the outset, Playboy South Africa gives you an undertaking that it understands and values your section 14 constitutional right to Privacy, as well as your consumer rights in terms of the Consumer Rights Protection Act 68 of 2008, as and when it comes into effect. Nevertheless, by using the Sites, you accept that Billing Information, Medium Information and Personal Information may be collected and used by Playboy South Africa and its authorised agents, at its sole discretion, for uses principally aimed at improving your experience of the Sites. These uses are described further on within this Policy.
2.Definitions
2.1.The following definitions shall apply to this Policy:
2.1.1.‘Billing Information’ shall refer to any information submitted by you in the course of conducting any financial transactions with Playboy South Africa on the Sites, including but not limited to, your credit card number, your name as appearing on the credit card, your Customer Verification Code (CVC), as well as your banking and account details;
2.1.2.‘Content’ shall refer to all written, graphic, image, and video material that may appear on the Sites or in print publication form and also includes more broadly information used in connection with marketing, public relations and advertorial strategies employed by Playboy South Africa, its affiliates and its agents;
2.1.3.‘Medium Information’ shall refer to the medium used to access the Sites, including, but not limited to, your operating system, your internet browser, your cookie data, and your internet protocol (IP) address;
2.1.4.‘Personal Information’ shall refer to that information about yourself including, but not limited to, your name, your age, your sex, your physical address, your postal address, your e-mail address, the Content on the Sites that you access and use, the portions of the Sites that you access and use, and the frequency with which you access and use Content on of the Sites;
2.1.5.‘Playboy South Africa’ shall refer to Sciofon (Pty) Ltd (Company Registration Number: 2010 / 008 466 / 07), a company registered according to the company laws of South Africa, and where contextually necessary, shall also refer to any and all brands related directly to Playboy Enterprises International and all its subsidiaries;
2.1.6.‘Policy’ shall refer to this web user Policy;
2.1.7.‘Print Edition’ shall refer to the monthly edition of the South African Playboy magazine printed by Playboy South Africa;
2.1.8.‘Sites’ shall refer primarily to http://www.playboy.co.za/, but shall also include all pages linked to the primary website. It shall not include external websites owned by third parties, including those websites owned by affiliates, partners and parent companies of Playboy South Africa;
2.1.9.‘You’, or ‘yourself, or ‘your’ shall collectively refer to the person accessing and viewing the Sites.
3.How will this information be used?
3.1.Information collected by Playboy South Africa may be put to various uses, the extent and nature of which remains within the sole discretion of Playboy South Africa.
3.2.In general, these uses include, but are not limited to, and subject to Playboy South Africa’s discretion to be changed at any time with notice to be given on this Policy:
3.2.1.Compiling Personal Information and Medium Information to enable Playboy South Africa to better tailor what Content appears on the Sites and in the Print Edition;
3.2.2.Compiling Personal Information and Medium Information to enable Playboy South Africa to better tailor your efficient use, ease, and enjoyment of accessing and using the Sites;
3.2.3.Passing Personal Information and Medium Information to advertisers and market researchers to develop and strengthen marketing, public relations, and advertising strategies for Playboy South Africa and to make your experience of the Sites and the Print Edition a more enjoyable one;
3.2.4.Passing on and sharing Personal Information and Medium Information with third parties who may offer products and services to you that Playboy South Africa believes you may be interested in;
3.2.5.Passing on and sharing Personal Information and Medium Information with partners whom Playboy South Africa elects to co-administer competitions and promotions with on the Sites and in the Playboy South African Print Edition;
3.2.6.Storing Personal Information in a database in order to enable Playboy South Africa to contact you in the future relating to any matter connected to your use and enjoyment of the Sites.
3.3.Should you object to any Personal Information, Medium Information and / or Billing Information being communicated to a third party for any purpose whatsoever, Playboy South Africa requests that you send an e-mail to info@playboymag.co.za with your objection where after, Playboy South Africa shall desist from communicating any further information to a third party.
3.4.Playboy South Africa will take reasonable steps to contract with a third party tasked with devising marketing, public relations and advertising strategies for Playboy South Africa that is reputable and will hold Personal Information and Medium Information passed on by Playboy South Africa securely and privately. Playboy South Africa cannot, however, be held liable for the loss, destruction, misuse, alteration, and / or otherwise handling by the third party of any Personal Information and Medium Information.
3.5.By using the Sites, you further accept that Playboy South Africa may monitor your access and usage of the Sites and may disclose your Personal Information, Medium Information, and Billing Information to law-enforcing authorities if required by law, court order, or governmental authority. Playboy South Africa may also monitor your access and usage of the Sites where Playboy South Africa believes in good faith that disclosing such information is otherwise necessary or advisable, including, but not limited to, to identify, contact, or bring legal action against you should you be in contravention of the laws of South Africa, or should you be causing injury to or interfering with the rights or property of Playboy South Africa, another user, or anyone else that could be harmed by such activities.
3.6.By using the Sites, you accept that should there be a change in ownership of Playboy South Africa to a separate entity, or should Playboy South Africa merge with a separate entity, it reserves the right to sell, assign, transfer and make over all Personal Information, Medium Information, and Billing Information to the separate entity. Playboy South Africa undertakes to notify you of such change in ownership via a visible notice on the Sites and within the Policy, but accepts no responsibility for the utilisation or dissemination of any information once the information has been sold, assigned, transferred or made over either to the separate entity or in the actual transfer thereof. Playboy South Africa shall nevertheless take reasonable steps to ensure the secure transfer of such information to the separate entity.
3.7.By using the Sites, and in particular the Sites’ chat rooms, forums, message boards and / or news groups, you accept that any information disclosed by yourself in these areas becomes public information. Accordingly, you accept the risk that such information may be used in any manner or for whatsoever use possible by third parties without the knowledge or consent of Playboy South Africa. You further warrant that Playboy South Africa accepts no responsibility whatsoever for the loss, destruction, misuse, alteration, and / or otherwise handling of any information disclosed by yourself by a third party. As such, Playboy South Africa advises that you exercise caution when disclosing information about yourself in the course of using the Sites, particularly given the public nature of the internet.
3.8.By using the Sites, you accept that Playboy South Africa may use cookies. Cookies are pieces of information generated by web servers and stored on your computer for future access. The effects of using cookies are to enhance your online experience to make it easier for you to navigate through the Sites or to make a feature work better. Generally, cookies can be disabled at your discretion by adjusting the relevant settings in your internet browser. However, you must accept cookies in order to navigate the Sites and register for a subscription to any of the Sites.
3.9.By using the Sites, you accept that Playboy South Africa may use web beacons or single-pixel images that allow Playboy South Africa to count visitors to the Sites and deliver co-branded services. Web beacons collect limited, non-personal information, including cookie number, time, and date of a page view, and a description of the page on which the web beacon resides.
3.10.Playboy South Africa shall contract with a third party payment processor to provide you with a secure web page through which to submit your Billing Information when you join the membership portion of any of the Sites, and / or conduct any financial transactions with Playboy South Africa on the Sites.
3.11.By using the Sites, joining the membership portion of any the Sites, and / or conducting any financial transactions with Playboy South Africa on the Sites, you accept that Playboy South Africa cannot and will not take responsibility for any loss, destruction, misuse, alteration, and / or otherwise handling of Billing Information by a third party payment processor or by any other third party who may have gained access to the Billing Information.
4.How will we protect your information?
4.1.Playboy South Africa shall take reasonable precautions to maintain the security of any Personal Information and Medium Information submitted and obtained from and about you and shall reasonably endeavour to protect against any loss, destruction, misuse, alteration, and / or otherwise handling of Personal Information and Medium Information.
4.2.Nevertheless, Playboy South Africa advises you of the volatility of information in general stored on the world wide web and as such does not warrant the safety and protection of Personal Information and Medium Information submitted and obtained from and about you in the course of your access and use of the Sites and cannot be held responsible for any loss, destruction, misuse, alteration, and / or otherwise handling of Personal Information and Medium Information by any party as a result thereof.
4.3.Playboy South Africa will endeavour to contract with a third party payment processor to take all reasonable precautions necessary to protect any Billing Information submitted by yourself for the utilisation of the Sites’ services. Such precautions will ideally include protecting against the loss, destruction, misuse, alteration, and / or otherwise handling of information under the third party payment processor’s control. Playboy South Africa cannot be held responsible for the loss, destruction, misuse, alteration, and / or otherwise handling of your information by the third party payment processor. Playboy South Africa’s third party payment processors will however provide you with a secure web page through which to submit your Billing Information when you join the membership portion of any of the Sites or process a financial transaction with Playboy South Africa through any of the Sites.
4.4.When you join the membership portion of any of the Sites or process a financial transaction with Playboy South Africa through any of the Sites, you will be required to create a username and a password that identifies you as a unique user of the Sites. Playboy South Africa shall take all reasonable precautions necessary to protect and secure your Username and Password Information and shall not divulge this to a third party, save when required to do so by law, government authority or court, or where Playboy South Africa has a bona fide belief that disclosing your Username and Password Information to a third party is otherwise necessary or advisable, including, for instance, to identify, contact, or bring legal action against someone who may be causing injury to or interfering with the rights or property of Playboy, another user, or anyone else that could be harmed by such activities, or to identify, contact, or bring legal action against someone who may be breaking the law of South Africa.
5.Changes in this Policy or ownership of any information
5.1.Playboy South Africa reserves the right to modify this Policy at any time and in this respect Playboy South Africa will notify you of any material changes to the Policy by posting the new Policy here and changing the “Effective Date” at the beginning of the Policy. Playboy South Africa may also use alternative methods to alert you to changes in the Policy. Playboy South Africa encourages you to check this page periodically for any changes.
5.2.Playboy South Africa undertakes to notify you (via a posting on the Sites or this Policy or via email (at Playboy South Africa’s discretion)) of any sale, transfer, assignment, making over of any information to a separate identity and should you no longer wish to maintain any information with the separate identity, you may choose to modify any information you have submitted or Playboy South Africa has collected from you by sending an e-mail to mail@playboymag.co.za, or by deactivating your account with Playboy South Africa.
5.3.By using the Sites, you note that the Sites may contain links to other internet websites, resources, and sources of Playboy. By clicking on any banner advertisement, or other link, you will be redirected off the Sites and to third party websites. Playboy is not responsible for the privacy policies or content of such websites. You should make sure that you read and understand the privacy policies of these websites and direct any concerns regarding external links to the site administrator or webmaster of that third party website.
6.Who may use the Sites, and who are featured on the Sites?
6.1.Any person over the age of 18 (eighteen) may access and use the Sites. As such, by using and accessing the Sites, you acknowledge that the Sites are directed at persons over the age of 18. If you are under the age of 18, then you are advised to exit the Sites immediately by either directing yourself to another website, or closing and exiting your internet browser.
6.2.Playboy South Africa will take all precautions reasonable and necessary to dissuade a person under the age of 18 (eighteen) from accessing and viewing the Content of the Sites, but will not be held responsible should a person under the age of 18 access and view any portion of the Sites.
6.3.All persons featured on the Sites as Playboy South Africa models have individual agreements signed with Playboy South Africa in which they have stipulated that they were over the age of 18 (eighteen) at the time of applying to appear as a South African Playboy model. Playboy South Africa will not feature persons on its website should it be aware the person is below the age of 18.
7.How may users use the Sites?
7.1.By using the Sites, you accept that you access and use the Sites with other users. Playboy South Africa will take all reasonable steps to ensure it is able to monitor the usage by users of the Sites, but can neither be held responsible for the views as expressed by other users, nor do the views of its users necessarily reflect those of Playboy South Africa.
7.2.As such, by using the Sites as a user, and specifically expressing your views in the Sites’ chat rooms, forums, message boards and / or news groups, you must do so with due respect to the views of other users. This means that any Content you have posted must not reflect any views that are defamatory, discriminatory, insulting or antagonistic towards other users. Playboy South Africa reserves, in its sole discretion, the right to remove any Content posted by you and deactivate your account as a result of any Content posted by you.
8.How may I amend my information or unsubscribe from Playboy’s services?
8.1.All e-mails you receive from Playboy South Africa will include specific instructions on how to unsubscribe and you may unsubscribe at any time. Additionally, Playboy South Africa give you the following options for removing your information from Playboy South Africa’s database:
8.1.1.Send an e-mail to mail@playboymag.co.za (please indicate that you would like to be unsubscribed from Playboy e-mails);
8.1.2.Select the opt-out link at the bottom of any Playboy e-mail and follow the instructions provided;
8.1.3.Send a letter to the following address:
Playboy South Africa
PostNet Suite 110
Private Bag x18
Milnerton
7435
Please note however that you cannot opt out of receiving e-mails from Playboy South Africa regarding your account and / or the status of an order.
8.2.You may correct or update your Personal Information that you have provided to Playboy by sending Playboy South Africa an email at mail@playboymag.co.za. Please note, however, that even if you remove your Personal Information and Medium Information from Playboy South Africa’s live database, you data may be retained in Playboy South Africa’s backup files and archives.
9.Conclusion
9.1.Playboy South Africa recognises the importance of your section 14 constitutional right to Privacy, and will not infringe your privacy rights beyond that which is covered in this Policy.
9.2.Playboy South Africa further recognises your rights as a consumer in terms of the Consumer Protection Act 68 of 2008, as and when this Act comes into force, and will not infringe your consumer rights.
9.3. If you have any questions or concerns about this Website User Policy, the practices of the Sites, or your dealings with Playboy South Africa, please contact Playboy South Africa at mail@playboymag.co.za, or by mail at PostNet Suite 110,
Private Bag x18, Milnerton, 7435.
